Peery Creative
Terms and Conditions and Privacy Policy for Programs, Products and Services

Terms and Conditions

These Terms and Conditions (“T&C”) set forth how you may use our Programs, Products and Services, and their content, what content you can share with others and what content you can’t disclose, security, intellectual property rights, and other terms of use. Please read these T&C carefully. We reserve the right to change these T&C from time to time, and by using any of our Programs, Products and Services you are agreeing to the T&C as they appear, whether or not you have read them. If at any time you do not agree with these terms, please do not use our Programs, Products and Services. Our Programs, Products and Services are owned and operated by Nicole Peery and Peery Creative (“Company”, “we”, or “us”). The term “you” refers to the user or viewer of our website.

Use and Consent

By purchasing or using any of our Programs, Products or Services, you are subject to these T&C and required to act in accordance with them, our Privacy Policy, and any other terms and conditions that may apply to our marketing of our Programs, Products and Services available through our Website or from us. Accessing our Programs, Products or Services, in any manner, whether automated or otherwise, constitutes use of the Program, Products and Services, and the Website, and your agreement to be bound by these T&C.

We try to ensure that our Program, Product and Service availability is uninterrupted and that our Website, private Facebook group page, e-mail communications, and Program materials, teleclasses and/or audio or video recordings, as applicable, will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new services, although, of course, we will try to limit the frequency and duration of any suspension or restriction. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose.

Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of technology is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information and materials may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

Additionally, we are not responsible for the views, opinions, or accuracy of facts provided by external resources referenced in our Programs, Products or Services or in any of our courses, classes, or materials. We assume no responsibility for errors or omissions in the Program, Product or Service you are using, or in documents referenced by or linked to the Program, Product or Service.

Security

We take every precaution to protect our users’ information. When users submit sensitive information via the Program, Product or Service, all information is protected both online and offline.

However, due to the nature of the Internet, we cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk. We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

Intellectual Property Rights

Our Limited License to You. Our Programs, Products, and Services and all the materials available through it are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The content in our Programs, Products and Services is solely owned by or licensed to us, unless otherwise indicated. This material includes, but is not limited to, the design, layout, look, appearance, graphics, downloadable information products, and our program or service materials. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these T&C.

If you purchase or access any of our materials through our Programs, Products or Services, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal use and for limited commercial use pursuant to these T&C, limited to you only.

You are being granted a limited license to use our downloadable Program materials with permission and restrictions. This means that when you purchase a downloadable Program from our Website or otherwise, you are purchasing the limited right to use the Program materials in the form that is provided to you by us.

However, you may not use our Programs, Products or Services, the materials available on or through them, or this Website in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.

Any trademarks, taglines, and logos displayed on the Program, Product, or Service materials are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.

For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product or Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.

Information You Are Prohibited from Sharing with Others. As a Licensee, you understand and acknowledge that the information obtained on or through our Program, Product or Service has been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and unauthorized use. When you enroll in or purchase this Program, Product or Service, including any of our downloadable, Programs, you expressly agree that you will not steal our content or share it with any other person without our express written permission.

You agree that you are clearly and expressly forbidden from doing the following:

You may not duplicate, share, trade, or sell any information obtained in or through our downloadable, Programs with any other person for their personal, commercial or business use, whether it was known to you or not at the time that you shared the information that their intention was to use the Program materials in their own  business. This is considered theft and stealing, and we retain the right to prosecute theft to the full extent of the law.

Unauthorized use of our Programs, Products or Services or this Website may give rise to a claim for damages and/or be a criminal offence. Unless otherwise explicitly authorized in these T&C, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) for commercial use, to any other  professional in a way that earns them money any material purchased through this Program, Product or Service or obtained including but not limited to, our Website, a password-protected Site page, private Facebook group page, audio or video recording, e-mail communications, or teleseminar calls. You may not use any Program material in any way in a book or e-book that is self-published or published through a publishing company and/or online through kindle, amazon.com, nook, etc., regardless of whether you add your own unique material to it or not.

By downloading, printing, or otherwise using the material from this Program for your own practice in no way gives you any copyright or ownership rights of the material contained in the downloadable Program. By downloading, printing, or otherwise using any material from this Program, Product or Service for any use, you in no way assume any intellectual property ownership rights of that material. All rights not expressly granted in these terms or any express written license, are reserved by us.

Your License to Us

By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us through the Program, Product or Service, our Website, or private Facebook group page, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen (18) years of age or older.

In addition, when you submit or post any material in any way affiliated with our Program, Product, or Service, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant includes the right to exploit any proprietary rights in such posting of submission, including, but not limited to, your right under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

By participating in our Programs, Products and Services, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program, Product or Service in our current or future Programs, Products or Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.

Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate. You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time, for any reason whatsoever.

Disclaimer

As a Licensee, you agree that you are using your own judgment in using the information provided on and through this Program, Product or Service, which is done at your own risk. You also agree to our full Disclaimer on our Website. Your use of any information or materials through our Programs, Products or Services accessible on or through this Website or otherwise is entirely at your own risk, and at your clients’ own risk, for which we shall not be liable. It shall be your own responsibility to discern the risks of using any of our Programs, Products or Services.

You assume responsibility for your choices, actions, use or nonuse of any of the information in our Programs, Products and Services, and you acknowledge that you are using, or not using, a Program, Product or Service at your own risk. We cannot and do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use or non-use of the information provided or obtained through any of our Programs, Products or Services that they purchase directly from you.

THE INFORMATION IN THE PROGRAMS, PRODUCTS AND SERVICES OFFERED ON OR THROUGH OUR WEBSITE AND ANY THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE ACCURACY, COMPLETENESS OR APPROPRIATENESS OF OUR PROGRAM, PRODUCT OR SERVICE FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAM, PRODUCT OR SERVICE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS PROGRAM, PRODUCT OR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM, PRODUCT OR SERVICE MATERIALS OR ON THIRD PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or your clients in connection with this Program, Product or Service, including by your use or inability to use any information obtained on or through the Program, Product or Service, any websites linked thereto, and/or any material posted on the Website, private Facebook group page, or in any other way through the Program, Product or Service by us or by others, including without limitation any liability for any accidents, delays, injuries, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.

Limitation of Liability

Under no circumstances, including, but not limited to negligence, shall anyone related to our Company or any subsidiary and parent companies or affiliates, included but not limited to our shareholders, directors, officers, staff, employees, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Program, Product or Service, including its materials or third-party materials made available through the Program, Product or Service, even if we are advised beforehand of the possibility of such damages. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product or Service participant or user, including but not limited to you and your clients.

You agree at all times to defend, indemnify and hold harmless the Company, our shareholders, directors, officers, employees, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue and any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Programs, Products or Services as experienced by you, anyone affiliated in any way with your business, and/or any of your clients, and/or your breach of any obligation, warranty, representation or covenant set forth in these T&C. These T&C require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Programs, Products or Services that you are waiving certain legal rights and you are voluntarily agreeing to do so.

Links to External Websites or Use of Social Media

From time to time our Website may also include links to other websites or to social media sites. These links are provided for your convenience to provide further information and to allow you to visit other website(s) of interest easily. However, once you have used these links to leave our Website, you should note that we do not have any control over that other website or social media. Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites or social media, and such sites and social media sites, even if operated by us, are not governed by these Terms and Conditions and Privacy Policy. You should exercise caution and look at the privacy statement of the website or social medial sites you are visiting or using. Use of external links to other sites or social media do not signify that we endorse them. We bear no responsibility for the content of the linked website(s) or social media websites.

We accept no liability for any of the views, facts, opinions, or references in the Program, Product or Service whatsoever. Information posted on this Website related to this Program, Product or Service or linked to a third party website, may express a perspective which may or may not necessarily reflect our views.

Your Conduct

You must not use our Program, Product or Service, or any aspect related to it, in any way that causes or is likely to cause access to it to be interrupted, damaged or impaired in any way and you must use it for lawful purposes only. You understand that you are solely responsible for all electronic communications and content sent from your computer to us by you. You may not use our Program, Product or Service, or any aspect related to it, in any of the following ways:

For fraudulent purposes or in connection with a criminal offence or to otherwise carry out any unlawful activity To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or is otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam To cause annoyance, inconvenience or needless anxiety to anyone or anything To impersonate any third party or otherwise mislead as to the origin of your content To reproduce, duplicate, copy or resell any of our content in contravention with these T&C or any other agreement with us.

Online Commerce

If paying by PayPal or credit card, you give us permission and authorization to automatically charge your credit or debit card as payment for your Program for which you will receive an electronic receipt. For any installment payment, you give us permission to automatically charge your credit or debit card at the time it is due without any additional authorization.

In the event that payment is not received by the date due, whether paying in full or by installment, you will have forty-eight (48) hours to make the payment otherwise the Program, Product or Service will not continue. If you fail to make payment in a timely manner in accordance with these Terms and Conditions or voluntarily decide to withdraw from our Program, Product or Service at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Program, Product and/or Service after the forty-eight(48) hour window to seek a refund according to the Refund Policy below.

When you purchase this Program, Product or Service, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and by us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for the merchant’s independent policies. You agree to be financially responsible for all purchases made by you. You agree to purchase and use the Program, Product or Service for legitimate, personal or limited commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.

You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of this Program,

Product or Service

You agree to only purchase this Program, Product or Service for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal or financial information to us or a merchant, you represent that you have obtained his/her consent to provide such third party’s personal information. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.

Refund Policy

Your satisfaction with your Program, Product or Service is important to us. If this Program, Product or Service is not the right fit for you, we will gladly refund you 100% of your purchase price within forty-eight (48) hours of your purchase, provided that you submit an e-mail to explaining why, and we will issue a refund of the purchase price.

If a refund is issued to you, you must cease using any of our Program, Product or Service materials immediately upon receipt of your refund. You must remove them, or references to them, from your Website, sales pages, e-mail communications, social media, and any other method of communication within twenty-four hours (24) hours after your refund has been received. You may not continue to use or sell any portion of the Program, Product or Service in any way following your refund or you will be violating these T&C.

All T&C set forth herein, and all copyright, trademark, and intellectual property rights remain indefinitely, even after a refund is provided.

Termination

We reserve the right in our sole discretion to refuse or terminate your access to the Program, Product, Service and/or our Website, private Facebook group page, e-mail communications, or any other method of communication related to the Program, Product or Service at any time without notice. Should you wish to terminate the Program, Product or Service by seeking a refund, these termination terms will apply to you as well.

In the event of cancellation or termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the Program, Product, Service or our Website, private Facebook group page, e-mail or any or other method of communications affected by such cancellation or termination. The restrictions imposed on you with respect to material received for the Program, Product or Service and all of the disclaimers and limitations of liabilities set forth in these T&C, shall survive such termination of your access and apply in full force.

Dispute Resolution

It is hoped that should we ever have any differences, we could be able to work them out amiably through a phone conversation or e-mail correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules.

Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your complaint to me via e-mail. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No award of consequential or of any other damages may be granted to you.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our company, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

If this T&C and Privacy Policy, or any part therein, is construed to be invalid or unenforceable, it shall not affect the validity or enforceability remainder of the T&C and Privacy Policy which shall be given full force and effect.

If you have any questions about any term of these T&C, please contact us. Thank you.

Privacy Policy

This Privacy Policy sets forth how we use and protect any information that you give us when you use our Programs, Products or Services. We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this Program, Product or Service, then you can be assured that it will only be used in accordance with this privacy statement. We may change this Privacy Policy from time to time. You should check this page from time to time to ensure that have seen any changes as you are bound by them implicitly through your use of our Program, Products and Services.

Privacy Policy Consent

Use of the data that you provide to us, or which is collected by us on or through our Programs, Products or Services is governed by this Privacy Policy. By using or purchasing our Programs, Products or Services, you agree and consent to this Privacy Policy.

Submission, Storage and Sharing of Personal Data

What We Collect. We may seek personal data including your name, e-mail address, and other contact information, namely when you purchase our Programs, Products or Services. By providing such information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep such information safe and secure. We may collect the following information: (1) name and job title, (2) contact information including email address, (3) demographic information such as location, preferences and interests, (4) information relevant to customer surveys and/or offers, (5) information that you provide through your Program, Product or Service participation. If you believe that any information we are holding on you is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any information found to be incorrect.

What We Do With the Information We Gather

We request and require various personal data to understand your needs and provide you with a better service. In addition, we  may gather such information for the following reasons: (1) internal record keeping, (2)  to improve our Programs, Products and Services, (3) to periodically send promotions  about new Programs, Products or Services or other special offers from which you may  unsubscribe at any time, (4) for aggregate, non-identifiable data for market research  purposes, and/or (5) to customize the respective Program, Product or Service you  purchase or use according to your interests.

Storage

All information is stored through a data management system. This information  can only be accessed by those who help manage that information in order to deliver  e-mail or otherwise contact those who would like to receive our correspondence. You  agree and acknowledged that our Company and those who manage the data  management system may have access to your personal information.

Confidentiality

All information collected by us will be held in confidentiality and will not  be disclosed to third parties, except that we may disclose personal information: (1)  pursuant to the T&C and the terms of this Privacy Policy, (2) if we are required to do so  by law, (3) in the good-faith belief that such action is necessary to conform to the  edicts of the law, (4) to comply with legal process served on us, our partners, sponsors,  investors, or affiliates, (5) to protect and defend our rights or property or those of our  users and/or (6) to act as immediately necessary in order to protect the personal safety  of our users or the public. We will not sell, distribute or lease your personal information to  third parties unless we have your permission or are required by law to do so.